FT reports apparent DfT claims that Heathrow MIGHT face criminal charges if it fails on environmental targets while building runway

Date added: June 18, 2018

The Financial Times reports that it believes the DfT (Aviation Minister Baroness Liz Sugg) is saying that Heathrow could face criminal charges if it does not meet environmental targets when building its 3rd runway. [This is NOT any DfT press release] These might relate to noise, air pollution and compensation to local homeowners. The FT believes Liz Sugg is expected to say: “Important measures to protect local people and comply with the legal requirements set by the government will be written into the development consent order, and Heathrow would face serious penalties if they do not stand by these commitments.” She wants MPs to vote in favour of the runway (ie. the Airports NPS) without it containing the proper safeguards and details on these matters. The alleged promise to hit Heathrow hard on these is very flimsy indeed – few would want to place their trust in it. Anti-expansion campaigners are very critical of the announcement, saying penalties for Heathrow were yet to be decided. Paul McGuinness, chair of the No 3rd Runway Coalition, said it seemed to be a panicked attempt by the DfT to shore up parliamentary support for the vote. He added: “If they were so keen to ensure these environmental commitments were met, why were legally binding measures [not] put forward in the National Policy Statement when it was published earlier this month?”
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UK government talks tough on Heathrow third runway

The government will announce on Sunday that Heathrow airport could face criminal charges if it does not meet environmental targets when building its third runway. [It is NOT a DfT press release] [This presumably just means during the building stage, and not during the operation of the larger airport? AW comment]

Aviation minister Liz Sugg will say: “Important measures to protect local people and comply with the legal requirements set by the government will be written into the development consent order, and Heathrow would face serious penalties if they do not stand by these commitments.”

The legal requirements relate to factors such as noise, air quality and compensation for local homeowners, and the penalties could include criminal proceedings, an unlimited fine or a court injunction to limit the airport’s operations.

MPs will vote on the National Policy Statement, which contains principles for the airport’s proposed £14bn expansion, within two weeks. If the MPs approve the statement, there will be a public consultation and judicial review, and then the government can give planning permission, known as a development consent order.

The plans are supported by the Conservative government, the Democratic Unionist party, the Scottish National party and many Labour MPs. However, Labour’s leadership objects to the plans, saying they do not meet four tests the party has imposed.

Foreign secretary Boris Johnson also opposes the plans.

Anti-expansion campaigners derided the announcement, saying penalties were yet to be decided.

Paul McGuinness, chair of the No 3rd Runway Coalition, said he thought it was a panicked attempt by the government to shore up parliamentary support for the vote. He added: “If they were so keen to ensure these environmental commitments were met, why were legally binding measures [not] put forward in the National Policy Statement when it was published earlier this month?”

Powers already exist to punish breaches of development consent orders, which are normally issued to simplify the planning process for major infrastructure projects. It is the particular terms which need to be set.

Heathrow airport has said: “We’re looking forward to the promised parliamentary vote on the final National Policy Statement before the summer recess, enabling us to get on with delivering this critical project.”